West v. Whitley Lodge No. 148 of Knights of Pythias

Opinion of the Court bx

Judge Sims

Affirming.

This is the third appeal in this case from the Whitley Circuit Court. As the issues and facts appear in the opinions on the two former appeals reported in Whitley Lodge No. 148 of Knights of Pythias v. West, 288 Ky. 698, 157 S. W. (2d) 320, and Id., 293 Ky. 341, 168 S. W. (2d) 1009, we will not encumber this opinion with them except insofar as they apply to the questions raised on this appeal.

After the second reversal in 293 Ky. 341, 168 S. W. (2d) 1009, the only issue left for trial was whether or not Hacker waived his right to rely upon the…